News & Analysis as of

Burden of Proof FRCP 23

King & Spalding

U.S. District Court Denies Class Certification Motion in Aluminum Rate-Manipulation Case Based on Improper Use of Statistical...

King & Spalding on

On July 23, 2020, Judge Paul A. Englemayer of the U.S. District Court for the Southern District of New York denied a motion to certify a proposed class of direct purchasers of aluminum in a decision that may signal a trend...more

Skadden, Arps, Slate, Meagher & Flom LLP

Third Circuit Demands Rigorous Analysis of the Predominance Requirement for Class Certification in Pharmaceutical Antitrust Case

On April 22, 2020, the Third Circuit Court of Appeals vacated and remanded an order certifying a class of direct purchaser plaintiffs in In re: Lamictal Direct Purchaser Antitrust Litigation, holding that the district court...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Midyear Update 2018

This edition focuses on rulings issued between February 16, 2018, and June 15, 2018. In this issue, we cover three decisions granting motions to strike/dismiss class claims, five decisions denying such motions, 27 decisions...more

Bradley Arant Boult Cummings LLP

Must Class Counsel’s “Proof” that Rule 23 Is Met Satisfy the Rules of Evidence?

All class-action practitioners understand the importance of a court’s decision to certify a class—the pivotal point at which a putative class action can transform into a reality, promising vast settlement pressure on the...more

Foley & Lardner LLP

Seventh Circuit Underscores Important Role for Pre-Certification Challenges to Expert Witnesses

Foley & Lardner LLP on

In order to certify a class action, it is the plaintiff’s burden to prove that all of the requirements of Rule 23 of the Federal Rules of Civil Procedure are satisfied. In some class actions, plaintiffs cannot proceed without...more

Seyfarth Shaw LLP

The U.S. Supreme Court And Workplace Class Actions

Seyfarth Shaw LLP on

Seyfarth Synopsis: As profiled in our recent publication of the 13th Annual Workplace Class Action Litigation Report, the U.S. Supreme Court’s rulings have a profound impact on employers and the tools they may utilize to...more

Rumberger | Kirk

Eleventh Circuit's Opinion Increases the Burden on Those Seeking Class Certification

Rumberger | Kirk on

Brown is a "defense favorable" opinion that should be heavily relied upon when challenging class actions. The Eleventh Circuit Court of Appeals recent opinion in Brown v. Electrolux Home Products, 2016 WL 1085517 (11th...more

Adams and Reese LLP

Congress Tackling Injury Standards in Class Actions (Again)

Adams and Reese LLP on

Concerns over state courts allowing class actions to proceed, the impact on the U.S. economy, and the undue pressure on companies to settle for significant sums spurred Congress to pass the Class Action Fairness Act of 2005....more

Proskauer Rose LLP

The ERISA Litigation Newsletter - January 2014

Proskauer Rose LLP on

This month we look at part three of our three part series on Class Actions. In part three, Robert Rachal and M. Todd Mobley address the role of experts in class certification post Wal-Mart and Comcast and how to use and...more

Nexsen Pruet, PLLC

Defending Commercial Class Actions: Recent Cases May be Giving the Defense an Edge

Nexsen Pruet, PLLC on

While the ripples from the United States Supreme Court’s 2011 decision in Wal-Mart v. Dukes are still being felt, the Court may make further class action waves this term with its pending decision in Comcast v. Behrend. This...more

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